Chesapeake Bay Preservation Area Board (CBPA)

Chesapeake Bay Preservation Area Board Public Hearing Minutes – September 20, 2023 City Council Chambers – 6:00 P.M. Call to Order: Chairman Weckworth called the Chesapeake Bay Preservation Board meeting of September 20, 2023, to order at 6:00 p.m. in the City Council Chambers. Roll Call: PRESENT Bruce Weckworth, Chair Kimberly Koelsch, Vice Chair John Klesch, Member Jillian Sunderland, Member Chris Wilson, Alternate Member VACANT, Alternate Member EXCUSED Victoria Thomas, Member Karen Toida, Member Rick Underhill, Member PLANNING DEPARTMENT STAFF PRESENT Ethan Hoar, CBLP, CBPA Planner Sherry Carawan CBPA Recording Secretary Gilbert Bostwick, AICP, Current Planning Administrator CITY ATTORNEY STAFF PRESENT Joshua Johnson, Assistant City Attorney  Chesapeake Bay Preservation Area Board September 20, 2023, Public Hearing Minutes Page 2 APPROVAL OF MINUTES: The July 19, 2023, CBPA Board minutes were presented into the record for Board action. CBPA BOARD ACTION: MINUTES for the July 19, 2023, CBPA Board were APPROVED by unanimous consent. (Thomas, Toida, and Underhill excused) CBPA APPLICATION: 1. PLN-CBPA-2023-014 PROJECT/LOCATION: 2865 Martins Point Way APPLICANT/OWNER: Milton and Sandra Brown AGENT: Hassell & Folkes, P.C. PROPOSAL: In accordance with Section 26-528, of the Chesapeake City Code, the applicant seeks an EXCEPTION to construct a swimming pool within the 50-foot landward portion of the 100-foot Resource Protection Area (RPA) buffer. The total proposed additional impervious area will be 845 square feet (SF) (809 SF in RPA). SUBDIVISION/LOT #: Martins Point / Lot 24 WATERSHED: Western Branch of the Elizabeth River TAX MAP PARCEL: 0101016000240 CBPA BOARD ACTION: The CBPA Board DENIED THE EXCEPTION requested in PLN-CBPA-2023-014 (4 - 1; Wilson/Sunderland, Thomas, Toida, and Underhill excused) Staff Presentation: Mr. Hoar read PLN-CBPA-2023-014 into the record for the Board’s review and action. Mr. Hoar presented the CBPA Review Committee’s findings and recommendations and presented pictures of the site. Proponent: Mr. Lynn Evans, 870 Greenbrier Circle, Chesapeake, Virginia, Hassell & Folkes, agent. Mr. Evans provided background information and will stand by for questions. Mr. Milton Brown, 2865 Martins Point Way, Chesapeake, Virginia, applicant. Mr. Brown provided background information and will stand by for questions.  Chesapeake Bay Preservation Area Board September 20, 2023, Public Hearing Minutes Page 3 Board Discussion: Mr. Wilson asked about where it was legal for a property owner to drain their pool. Mr. Johnson stated that he didn’t know of a city ordinance that would specify where pools are intended to drain, but Ms. Sunderland stated the stormwater ordinance speaks to the drainage of pools and that dechlorinated discharges into the stormwater system are allowed. Mr. Wilson asked if there was any consideration of providing an additional access from the house to the pool if the pool was to be moved to the other side of the house near the driveway. Mr. Evans stated that there was not a consideration as there is currently a garage door and side door located on that side of the house. Ms. Sunderland stated she recognized that three (3) pools had been previously approved in the Martins Point neighborhood. She stated the difference between those requests and this request was that those exceptions were able to achieve partial encroachment into the landward RPA. In all three applications most of the impervious area was moved out of the RPA. The exception request for this pool is 95 percent in the 50-foot landward buffer. Mr. Wilson made a motion to deny the application because the facts presented do not support the findings required to grant an exception to the CBPA Ordinance and thatthe requested exception is not the minimum necessary to afford relief. Ms. Sunderland seconded the motion. CBPA BOARD VOTE: Mr. Wilson moved to DENY THE EXCEPTION requested in PLN-CBPA-2023-014. Ms. Sunderland seconded the motion. The motion was carried by a vote of (4 – 1). Board member John Klesch voted against the motion. Board members Thomas, Toida and Underhill were excused. OTHER BUSINESS: There was no other business discussed at the meeting. ADJOURNMENT: With no further business, the meeting was adjourned at 6:35 P.M. Sincerely, Sherry Carawan, Recording Secretary EH/sc APPROVED: October 18, 2023